[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 645 Reported in House (RH)]






                                                 House Calendar No. 178
108th CONGRESS
  2d Session
H. RES. 645

                          [Report No. 108-497]

   Providing for consideration of the bill (H.R. 2728) to amend the 
Occupational Safety and Health Act of 1970 to provide for adjudicative 
 flexibility with regard to an employer filing of a notice of contest 
  following the issuance of a citation by the Occupational Safety and 
  Health Administration; for consideration of the bill (H.R. 2729) to 
  amend the Occupational Safety and Health Act of 1970 to provide for 
    greater efficiency at the Occupational Safety and Health Review 
  Commission; for consideration of the bill (H.R. 2730) to amend the 
     Occupational Safety and Health Act of 1970 to provide for an 
 independent review of citations issued by the Occupational Safety and 
  Health Administration; for consideration of the bill (H.R. 2731) to 
amend the Occupational Safety and Health Act of 1970 to provide for the 
 award of attorney's fees and costs to very small employers when they 
  prevail in litigation prompted by the issuance of citations by the 
Occupational Safety and Health Administration; and for consideration of 
the bill (H.R. 2432) to amend the Paperwork Reduction Act and titles 5 
and 31, United States Code, to reform Federal paperwork and regulatory 
                               processes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2004

   Mr. Sessions, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION


 
   Providing for consideration of the bill (H.R. 2728) to amend the 
Occupational Safety and Health Act of 1970 to provide for adjudicative 
 flexibility with regard to an employer filing of a notice of contest 
  following the issuance of a citation by the Occupational Safety and 
  Health Administration; for consideration of the bill (H.R. 2729) to 
  amend the Occupational Safety and Health Act of 1970 to provide for 
    greater efficiency at the Occupational Safety and Health Review 
  Commission; for consideration of the bill (H.R. 2730) to amend the 
     Occupational Safety and Health Act of 1970 to provide for an 
 independent review of citations issued by the Occupational Safety and 
  Health Administration; for consideration of the bill (H.R. 2731) to 
amend the Occupational Safety and Health Act of 1970 to provide for the 
 award of attorney's fees and costs to very small employers when they 
  prevail in litigation prompted by the issuance of citations by the 
Occupational Safety and Health Administration; and for consideration of 
the bill (H.R. 2432) to amend the Paperwork Reduction Act and titles 5 
and 31, United States Code, to reform Federal paperwork and regulatory 
                               processes.

    Resolved, That upon the adoption of this resolution it shall be in 
order to consider in the House the bill (H.R. 2728) to amend the 
Occupational Safety and Health Act of 1970 to provide for adjudicative 
flexibility with regard to an employer filing of a notice of contest 
following the issuance of a citation by the Occupational Safety and 
Health Administration. The bill shall be considered as read for 
amendment. The amendment recommended by the Committee on Education and 
the Workforce now printed in the bill shall be considered as adopted. 
The previous question shall be considered as ordered on the bill, as 
amended, to final passage without intervening motion except: (1) one 
hour of debate on the bill, as amended, equally divided and controlled 
by the chairman and ranking minority member of the Committee on 
Education and the Workforce; and (2) one motion to recommit with or 
without instructions.
    Sec. 2. Upon the adoption of this resolution it shall be in order 
to consider in the House the bill (H.R. 2729) to amend the Occupational 
Safety and Health Act of 1970 to provide for greater efficiency at the 
Occupational Safety and Health Review Commission. The bill shall be 
considered as read for amendment. The amendment in the nature of a 
substitute recommended by the Committee on Education and the Workforce 
now printed in the bill, modified by the amendment printed in part A of 
the report of the Committee on Rules accompanying this resolution, 
shall be considered as adopted. The previous question shall be 
considered as ordered on the bill, as amended, to final passage without 
intervening motion except: (1) one hour of debate on the bill, as 
amended, equally divided and controlled by the chairman and ranking 
minority member of the Committee on Education and the Workforce; and 
(2) one motion to recommit with or without instructions.
    Sec. 3. Upon the adoption of this resolution it shall be in order 
to consider in the House the bill (H.R. 2730) to amend the Occupational 
Safety and Health Act of 1970 to provide for an independent review of 
citations issued by the Occupational Safety and Health Administration. 
The bill shall be considered as read for amendment. The amendment 
recommended by the Committee on Education and the Workforce now printed 
in the bill, modified by the amendment printed in part B of the report 
of the Committee on Rules accompanying this resolution, shall be 
considered as adopted. The previous question shall be considered as 
ordered on the bill, as amended, to final passage without intervening 
motion except: (1) one hour of debate on the bill, as amended, equally 
divided and controlled by the chairman and ranking minority member of 
the Committee on Education and the Workforce; and (2) one motion to 
recommit with or without instructions.
    Sec. 4. Upon the adoption of this resolution it shall be in order 
to consider in the House the bill (H.R. 2731) to amend the Occupational 
Safety and Health Act of 1970 to provide for the award of attorney's 
fees and costs to very small employers when they prevail in litigation 
prompted by the issuance of citations by the Occupational Safety and 
Health Administration. The bill shall be considered as read for 
amendment. The amendment in the nature of a substitute recommended by 
the Committee on Education and the Workforce now printed in the bill, 
modified by the amendment printed in part C of the report of the 
Committee on Rules accompanying this resolution, shall be considered as 
adopted. The previous question shall be considered as ordered on the 
bill, as amended, to final passage without intervening motion except: 
(1) one hour of debate on the bill, as amended, equally divided and 
controlled by the chairman and ranking minority member of the Committee 
on Education and the Workforce; and (2) one motion to recommit with or 
without instructions.
    Sec. 5. At any time after the adoption of this resolution the 
Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House 
resolved into the Committee of the Whole House on the state of the 
Union for consideration of the bill (H.R. 2432) to amend the Paperwork 
Reduction Act and titles 5 and 31, United States Code, to reform 
Federal paperwork and regulatory processes. The first reading of the 
bill shall be dispensed with. Points of order against consideration of 
the bill for failure to comply with clause 4(a) of rule XIII are 
waived. General debate shall be confined to the bill and shall not 
exceed one hour equally divided and controlled by the chairman and 
ranking minority member of the Committee on Government Reform. After 
general debate the bill shall be considered for amendment under the 
five-minute rule. It shall be in order to consider as an original bill 
for the purpose of amendment under the five-minute rule the amendment 
in the nature of a substitute recommended by the Committee on 
Government Reform now printed in the bill. The committee amendment in 
the nature of a substitute shall be consider as read. No amendment to 
the committee amendment in the nature of a substitute shall be in order 
except those printed in part D of the report of the Committee on Rules 
accompanying this resolution. Each such amendment may be offered only 
in the order printed in the report, may be offered only by a Member 
designated in the report, shall be considered as read, shall be 
debatable for the time specified in the report equally divided and 
controlled by the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of the 
question in the House or in the Committee of the Whole. All points of 
order against such amendments are waived. At the conclusion of 
consideration of the bill for amendment the Committee shall rise and 
report the bill to the House with such amendments as may have been 
adopted. Any Member may demand a separate vote in the House on any 
amendment adopted in the Committee of the Whole to the bill or to the 
committee amendment in the nature of a substitute. The previous 
question shall be considered as ordered on the bill and amendments 
thereto to final passage without intervening motion except one motion 
to recommit with or without instructions.
    Sec. 6. (a) In the engrossment of H.R. 2728, the Clerk shall--
            (1) await the disposition of all the bills contemplated in 
        sections 2-5;
            (2) add the respective texts of all the bills contemplated 
        in sections 2-5, as passed by the House, as new matter at the 
        end of H.R. 2728;
            (3) conform the title of H.R. 2728 to reflect the addition 
        to the engrossment of the text of all the bills contemplated in 
        sections 2-5 that have passed the House;
            (4) assign appropriate designations to provisions within 
        the engrossment; and
            (5) conform provisions for short titles within the 
        engrossment.
    (b) Upon the addition to the engrossment of H.R. 2728 of the text 
of the bills contemplated in sections 2-5 that have passed the House, 
such bills shall be laid on the table.
    (c) If H.R. 2728 is disposed of without reaching the stage on 
engrossment as contemplated in subsection (a), the bill that first 
passes the House as contemplated in section 2-5 shall be treated in the 
manner specified for H.R. 2728 in subsections (a) and (b), and only the 
other bills contemplated in sections 2-5 that have passed the House 
shall be laid on the table.




                                                 House Calendar No. 178

108th CONGRESS

  2d Session

                              H. RES. 645

                          [Report No. 108-497]

                               RESOLUTION

   Providing for consideration of the bill (H.R. 2728) to amend the 
Occupational Safety and Health Act of 1970 to provide for adjudicative 
 flexibility with regard to an employer filing of a notice of contest 
  following the issuance of a citation by the Occupational Safety and 
  Health Administration; for consideration of the bill (H.R. 2729) to 
  amend the Occupational Safety and Health Act of 1970 to provide for 
    greater efficiency at the Occupational Safety and Health Review 
  Commission; for consideration of the bill (H.R. 2730) to amend the 
     Occupational Safety and Health Act of 1970 to provide for an 
 independent review of citations issued by the Occupational Safety and 
  Health Administration; for consideration of the bill (H.R. 2731) to 
amend the Occupational Safety and Health Act of 1970 to provide for the 
 award of attorney's fees and costs to very small employers when they 
  prevail in litigation prompted by the issuance of citations by the 
Occupational Safety and Health Administration; and for consideration of 
the bill (H.R. 2432) to amend the Paperwork Reduction Act and titles 5 
and 31, United States Code, to reform Federal paperwork and regulatory 
                               processes.

                              May 17, 2004

        Referred to the House Calendar and ordered to be printed